Marine Corps positions: general and lieutenant generals

§ 5232. Marine Corps positions: general and lieutenant generals (a) The President may designate officers on the active list of the Marine Corps above the grade of colonel and, in time of war or national emergency, above the grade of lieutenant colonel for— (1) appropriate higher commands; or (2) performance of duty of great importance and responsibility. An officer so designated may be appointed by the President, by and with the advice and consent of the Senate, to the grade of lieutenant general. Such an appointment is effective on the date the officer reports for the designated duty and terminates on the date he is detached. The Secretary of the Navy shall determine the rank of officers in the grade in which they are serving under this section. (b) The number of officers serving in the grade of lieutenant general may not exceed two except in time of war or national emergency, and may not, at any time, exceed 10 percent of the number of officers not restricted in the performance of duty prescribed for grades above colonel in— (1) section 5443 of this title, if that section is operative; or (2) section 5448 of this title, if section 5443 is inoperative. (c) An officer of the Marine Corps assigned as Chief of Staff to the President shall be appointed by the President, by and with the advice and consent of the Senate, to the grade of general. Such an appointment is effective while the officer is so serving. (d) An appointment under this section does not create a vacancy in the grade held by the officer at the time he is appointed and does not increase the authorized strength of the Marine Corps in officers on the active list.